Justice Jagdish Singh Khe

Born on August 28, 1952. His spouse was Madhupreet Kaur khehar His children’s was Barinder singh khehar,Tarunveer singh khehar,ksranveer singh khehar. After graduating in science from Government College, Chandigarh in 1974, His Lordship was awarded the LL.B degree by the Panjab University, Chandigarh in 1977, he then acquired the LL. M. qualification from the same University in 1979, for the latter qualification, His Lordship was awarded the Gold Medal for having stood first in the University.His legal education, Justice Khehar enrolled as an advocate in 1979. He mainly practised in the Punjab and Haryana High Court, the Himachal Pradesh High Court and the Supreme Court of India. In addition to his legal practice, J. Khehar engaged with a teaching assignment at the Panjab University’s Law Faculty from 1982 to 1986. In 1992 he was appointed as the Additional Advocate General to the State of Punjab and was the Senior Standing Counsel for the Union Territory of Chandigarh. He was designated as a Senior Advocate in 1995. His Lordship remained standing counsel for Universities of the area, Corporate Bodies and a large number of companies and cooperative organizations. After twenty years in the Bar, Justice Khehar was elevated to the Punjab and Haryana High Court in 1999, where was the Acting Chief Justice on two occasions between 2008 and 2009. A decade after his initial appointment as a judge, he was elevated as the Chief Justice of UttarakhandHigh Court in November 2009 and was later transferred to the Karnataka High Court in August 2010. On 13 September 2011 J. Khehar got his final judicial assignment as a Supreme Court judge.He was renowned 44th Chief Justice of India (CJI). He known for his braveness in giving judgments in landmarks cases. He created history by becoming first Chief Justice from Sikh Community. He has been a judge in the Supreme Court for a period of six years from 2011 to 2017. He served as judge for a short time but give many landmark judgments which include Triple Talaq, Fundamental Right To Privacy, 2G Spectrum case. Justice Khehar was appointed as CJI by President Pranab Mukherjee on 4th January 2017, preceded by Justice T. S. Thakur and succeeded by Justice DeepakDuring his six-year term at the Supreme Court, Justice Thakur authored a total of 176 judgements He was most active in 2014 when he delivered 34 judgements and was a part of 63 benches. The six years of his tenure at the Supreme Court, Justice Khehar predominantly worked on criminal matters along with a mixture of civil, service and constitutional matters. He was involved in landmark cases around judicial appointments, the right to liberty and freedom of religion.Chief Justice of India, Justice Khehar headed a five judges constitutional bench in order to decide or adjudicate the validity Constitution (Ninety-Ninth Amendment) Act, 2014 as well as the National Judicial Appointment Act, 2014. In Supreme Court Advocates on Record Association v. Union of India, the five judges bench held that the Act & Amendment, 2014 were unconstitutional as it violating the basic structure of the constitution. According to the bench the most crucial element of the basic structure is independence of judiciary. Therefore, the interference & involvement of political officials & leaders in the judicial appointment process might clashed with judicial independence.Justice Khehar along with Justice SA Bobde in the year 2016 upheld in the case of State of Punjab v. Jagjit Singh a principle of ‘equal pay for equal work’. The 2 judges bench deciding that if employees on temporary basis were permit to get the same pay as that of permanent employees. The bench ruled out that, the temporary employees could not be denied of minimum wages in any case, by invoking Articles 14, 38(2) & 39 of the Indian Constitution . Later in 2017, Justice Khehar the dissenting opinion in the judgement holding the practice of triple Talaq as unconstitutional. He argued that the practice of Talaq-e-biddat was protected by Article 25 of the Constitution. He stated that the legislature must adjudicate this issue. Justice Khehar ordered a temporary injunction on the use of triple talaq and further directed the legislature to adjudicate on its validitySupreme Court Advocates on Record Association v. Union of IndiaAs a Chief Justice of India, Justice Khehar headed a five judges constitutional bench in order to decide or adjudicate the validity Constitution (Ninety-Ninth Amendment) Act, 2014 as well as The National Judicial Appointment Act, 2014. In Supreme Court Advocates on Record Association v. Union of India, the five judges bench held that the Act & Amendment, 2014 were unconstitutional as it violating the basic structure of the constitution. According to the bench the most crucial element of the basic structure is independence of judiciary.Right to Privacy verdictJustice Khehar agreed with Justice Chandrachud in KS puttaswamy v Union of India, 2017 Justice Khehar concurred with Justice chandrachud in holding that the right to privacy was an integral part of Article 21 of the Constitution. The judgement stated that privacy is directly linked to the notion of liberty and dignity. It is concomitant of an individual’s right to exercise control over their personality. The right to privacy finds its origin in the belief that certain natural or inherent rights are inseparable from the human personality2G Spectrum CaseFollowing the Supreme Court’s landmark judgement in the 2G spectrum issue, the Indian government filed a Presidential referral with the court. In a separate concurring opinion, Justice Khehar stressed that the government should not be under the misguided impression that natural resources through auctioning is not required.Triple Talaq caseThis case of Shayara Bono v. Union of India was decided by the 5-Jdges bench of Supreme Court & declared ‘Triple Talaq’ as unconstitutional & the same was strike down by majority of 3:2. In this case, Justice Khehar wrote a dissenting opinion in a decision declaring triple Talaq to be unconstitutional. He said that Article 25 on safeguarded the practise of ‘Talaq-e-biddat’. He emphasised that the legislature must make a decision on the issue. Justice Khehar issued a temporary restraining order against the use of triple talaq and instructed the legislature to rule on its legality & validity.Notable judgementSupreme Court Advocates on Record Association v. Union of India .Right to Privacy verdictTriple Talaq case2G spectrum caseReferencehttps://halsa.govt.in / patron-in – chief / hon-ble mr – justice- jagdish – singh – kheharhttps://www.scobserve . in/judge/jagdish – singh – kheharHon’ble Mr justice jagdish singh khehar – National legal serviceshttps://en.wikipedia.org/wiki/Jagdish_Singh_Khehar

After graduating in science from Government College, Chandigarh in 1974, His Lordship was awarded the LL.B degree by the Panjab University, Chandigarh in 1977, he then acquired the LL. M. qualification from the same University in 1979, for the latter qualification, His Lordship was awarded the Gold Medal for having stood first in the University.His legal education, Justice Khehar enrolled as an advocate in 1979. He mainly practised in the Punjab and Haryana High Court, the Himachal Pradesh High Court and the Supreme Court of India. In addition to his legal practice, J. Khehar engaged with a teaching assignment at the Panjab University’s Law Faculty from 1982 to 1986. In 1992 he was appointed as the Additional Advocate General to the State of Punjab and was the Senior Standing Counsel for the Union Territory of Chandigarh. He was designated as a Senior Advocate in 1995.

His Lordship remained standing counsel for Universities of the area, Corporate Bodies and a large number of companies and cooperative organizations. After twenty years in the Bar, Justice Khehar was elevated to the Punjab and Haryana High Court in 1999, where was the Acting Chief Justice on two occasions between 2008 and 2009. A decade after his initial appointment as a judge, he was elevated as the Chief Justice of UttarakhandHigh Court in November 2009 and was later transferred to the Karnataka High Court in August 2010. On 13 September 2011 J. Khehar got his final judicial assignment as a Supreme Court judge.He was renowned 44th Chief Justice of India (CJI).

He known for his braveness in giving judgments in landmarks cases. He created history by becoming first Chief Justice from Sikh Community. He has been a judge in the Supreme Court for a period of six years from 2011 to 2017. He served as judge for a short time but give many landmark judgments which include Triple Talaq, Fundamental Right To Privacy, 2G Spectrum case. Justice Khehar was appointed as CJI by President Pranab Mukherjee on 4th January 2017, preceded by Justice T. S. Thakur and succeeded by Justice Deepak.

During his six-year term at the Supreme Court, Justice Thakur authored a total of 176 judgements He was most active in 2014 when he delivered 34 judgements and was a part of 63 benches. The six years of his tenure at the Supreme Court, Justice Khehar predominantly worked on criminal matters along with a mixture of civil, service and constitutional matters. He was involved in landmark cases around judicial appointments, the right to liberty and freedom of religion.Chief Justice of India, Justice Khehar headed a five judges constitutional bench in order to decide or adjudicate the validity Constitution (Ninety-Ninth Amendment) Act, 2014 as well as the National Judicial Appointment Act, 2014.

In Supreme Court Advocates on Record Association v. Union of India, the five judges bench held that the Act & Amendment, 2014 were unconstitutional as it violating the basic structure of the constitution. According to the bench the most crucial element of the basic structure is independence of judiciary. Therefore, the interference & involvement of political officials & leaders in the judicial appointment process might clashed with judicial independence.Justice Khehar along with Justice SA Bobde in the year 2016 upheld in the case of State of Punjab v. Jagjit Singh a principle of ‘equal pay for equal work’.

The 2 judges bench deciding that if employees on temporary basis were permit to get the same pay as that of permanent employees. The bench ruled out that, the temporary employees could not be denied of minimum wages in any case, by invoking Articles 14, 38(2) & 39 of the Indian Constitution . Later in 2017, Justice Khehar the dissenting opinion in the judgement holding the practice of triple Talaq as unconstitutional. He argued that the practice of Talaq-e-biddat was protected by Article 25 of the Constitution.

He stated that the legislature must adjudicate this issue. Justice Khehar ordered a temporary injunction on the use of triple talaq and further directed the legislature to adjudicate on its validitySupreme Court Advocates on Record Association v. Union of IndiaAs a Chief Justice of India, Justice Khehar headed a five judges constitutional bench in order to decide or adjudicate the validity Constitution (Ninety-Ninth Amendment) Act, 2014 as well as The National Judicial Appointment Act, 2014. In Supreme Court Advocates on Record Association v. Union of India, the five judges bench held that the Act & Amendment, 2014 were unconstitutional as it violating the basic structure of the constitution.

According to the bench the most crucial element of the basic structure is independence of judiciary.Right to Privacy verdictJustice Khehar agreed with Justice Chandrachud in KS puttaswamy v Union of India, 2017 Justice Khehar concurred with Justice chandrachud in holding that the right to privacy was an integral part of Article 21 of the Constitution. The judgement stated that privacy is directly linked to the notion of liberty and dignity. It is concomitant of an individual’s right to exercise control over their personality.

The right to privacy finds its origin in the belief that certain natural or inherent rights are inseparable from the human personality2G Spectrum CaseFollowing the Supreme Court’s landmark judgement in the 2G spectrum issue, the Indian government filed a Presidential referral with the court. In a separate concurring opinion, Justice Khehar stressed that the government should not be under the misguided impression that natural resources through auctioning is not required.Triple Talaq caseThis case of Shayara Bono v. Union of India was decided by the 5-Jdges bench of Supreme Court & declared ‘Triple Talaq’ as unconstitutional & the same was strike down by majority of 3:2. In this case, Justice Khehar wrote a dissenting opinion in a decision declaring triple Talaq to be unconstitutional.

He said that Article 25 on safeguarded the practise of ‘Talaq-e-biddat’. He emphasised that the legislature must make a decision on the issue. Justice Khehar issued a temporary restraining order against the use of triple talaq and instructed the legislature to rule on its legality & validity.

Notable judgement

Supreme Court Advocates on Record Association v. Union of India

.Right to Privacy verdict

Triple Talaq case

2G spectrum case

Referencehttps://halsa.govt.in / patron-in – chief / hon-ble mr – justice- jagdish – singh – khehar

https://www.scobserve . in/judge/jagdish – singh – kheharHon’ble Mr justice jagdish singh khehar – National legal services

https://en.wikipedia.org/wiki/Jagdish_Singh_Khehar

Image Source: Mint

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